Government Terms and Conditions

 

The clauses listed below are incorporated by reference herein and in this Order, as applicable, with the same force and effect as if they were given full text and notwithstanding the requirements of FAR 52.102. If there is a conflict with or addition to a clause in effect on the Order date and a clause of the Prime Contract, the Prime Contract clause shall govern. The full text of these clauses can be accessed on the Internet at https://farsite.hill.af.mil/vffara.htm and https://www.acq.osd.mil/dpap/dars/dfars/index.htm
 
APPLICABLE TO PURCHASE ORDERS W/OUT REGARD TO $ VALUE
52.202-1DEFINITIONS (JAN 2012)
52.203-3GRATUITIES (APR 1984)
52.203-5COVENANT AGAINST CONTINGENT FEES (APR 1984)
52.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
52.203-10PRICE AND FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
52.204-2SECURITY REQUIREMENTS (AUG 1996) If order involves access to classified information.
52.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) If applicable
52.209-6PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013). Applies in accordance with paragraph (e) of the clause
52.211-5MATERIAL REQUIREMENTS (AUG 2000)
52.211-15DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS If provided on order.
52.214-26AUDIT AND RECORDS-SEALED BIDDING (OCT 2010) Applies when cost or pricing data required
52.214-27PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING (AUG 2011) Applies when cost or pricing data required
52.214-28SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS- SEALED BIDDING (OCT 2010) Applies when cost or pricing data required
52.215-10PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011) Applies when cost or pricing data required
52.215-11PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-MODIFICATIONS (AUG 2011) Applies when cost or pricing data required
52.215-12SUBCONTRACTING COST OR PRICING DATA (OCT 2010) Applies when cost or pricing data required
52.215-13SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS (OCT 2010) Applies when cost or pricing data required
52.215-14INTEGRITY OF UNIT PRICES (OCT 2010) Applies in accordance with paragraph (c) of the clause
52.215-15PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010) Applies in accordance with FAR 15.408(j)
52.215-16FACILITIES CAPITAL COST OF MONEY (JUN 2003) Applies to cost-type orders
52.215-17WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997) Applies to cost-type orders
52.215-18REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS. (JUL 2005) Applies in accordance with FAR 15.408(j)
52.215-19NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) Applies in accordance with FAR 15.408(k)
52.215-20REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010).
52.215-21REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA – MODIFICATIONS (OCT 2010)
52.215-23LIMITATION ON PASS-THROUGH CHARGES (OCT 2009) Applies in accordance with paragraph (f)
52.222-1NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME COMPENSATION (JUL 2005) Applies in accordance with paragraph (e) of the clause
52.222-21PROHIBITION OF SEGREGATED FACILITIES
52.222-26EQUAL OPPORTUNITY (MAR 2007)
52.222-40NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) Applies in accordance with paragraph (f)
52.222-50COMBATING TRAFFICKING IN PERSON (FEB 2009)
52.222-54EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013) Applies in accordance with paragraph (e) of the clause
52.223-11OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARNING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)
52.223-15ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) Applies in accordance with subparagraph (c) of the clause
52.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
52.225-1BUY AMERICAN ACT – SUPPLIES (MAY 2014)
52.225-3BUY AMERICAN ACT (NOV 2012)
52.225-5TRADE AGREEMENTS (SEP 2013)
52.225-8DUTY FREE ENTRY (OCT 2010) Applies in accordance with paragraph   (j)   of   the   clause (in paragraph (c)(1), change “20 calendar days” to “30 calendar days” and in paragraph (c)(2), change “10 calendar days” to “20 calendar days”)
52.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-1AUTHORIZATION AND CONSENT (DEC 2007)
52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)
52.227-3PATENT INDEMNITY (APR 1984)
52-227-10FILING OF PATENT APPLICATIONS CLASSIFIED SUBJECT MATTER (DEC 2009) Applies in accordance with paragraph (e) of the clause
52-227-11PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR Applies in accordance with paragraph (k) of the clause
52-227-13PATENT RIGHTS-OWNERSHIP BY THE GOVERNMENT (DEC 2007) Applies in accordance with paragraph (i) of the clause
52-227-14RIGHTS IN DATA – GENERAL (DEC 2007)
52.229-3FEDERAL, STATE AND LOCAL TAXES (FEB 2013)
52.229-6TAXES – FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
52.229-10STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (APR 2003)
52.230-2COST ACCOUNTING STANDARDS (MAY 2012) As applicable
52.230-3DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (May 2012) As applicable
52.230-4DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES – FOREIGN CONCERNS (May 2014) As applicable
52.230-6ADMINISTRATION OF COST ACCOUNT STANDARDS (JUN 2010) As applicable
52.232-17INTEREST (MAY 2014)
52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
52.236-13ACCIDENT PREVENTION (NOV 1991)
52.242-15STOP WORK ORDER (AUG 1989) change 90 days to 180
52.242-15STOP WORK ORDER -ALTERNATE I (AUG 1984) change 90 days to 180
52.244-5COMPETITION IN SUBCONTRACTING (DEC 1996)
52.245-9USE AND CHARGES (APR 2012)
52.246-2INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) As applicable
52.246-2INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) ALTERNATIVE I (JUL 1985) As applicable
52.246-3INSPECTION OF SUPPLIES – COST-REIMBURSEMENT (MAY 2001) As applicable
52.246-16RESPONSIBILITY FOR SUPPLIES (APR 1984)
52.247-63PREFERENCE OF UNITED STATES FLAG AIR CARRIERS (JUN2003)
52.247-64PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006)
52.248-1VALUE ENGINEERING (OCT 2010)
52.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (APR 2012) (in paragraph (c), change “120 days” to “60 days”; in paragraph (e), change “1 year” to “6 months”; in paragraph l, change “90 days” to “45 days”) (this clause applies in lieu of the Termination for Convenience clause in the body of the Terms and Conditions in the event the prime contract is terminated)
52.249-8DEFAULT (APR 1984) (in paragraph (a)(2), change “10 days” to “7 days”) (this clause applies in lieu of the Termination for Default clause in the body of the Terms and Conditions in the event the prime contract is terminated)
252.203-7000REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
252.203-7002REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEPT 2013)
252.203-7004DISPLAY OF HOTLINE POSTER(S) (JAN 2015) Applies in accordance with subparagraph (e) of the clause
252.204-7000DISCLOSURE OF INFORMATION (AUG 2013)
252.204-7009LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD- PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (DEC 2015) Applies in accordance with paragraph (c) of the clause
252.204-7012SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)
252.204-7015NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
252.208-7000INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT FURNISHED MATERIAL (DEC 1991)
252.211-7003ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
252.222-7000RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
252.222-7006RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC 2010) As applicable
252.222-7007REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)
252.223-7006PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (APR2012)
252.225-7001BUY AMERICAN ACT AND THE BALANCE OF PAYMENTS PROGRAM (NOV 2014)
252.225-7002QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2012)
252.225-7006QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (OCT 2010) Applies in accordance with paragraph (f) of the clause
252.225-7008RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7009RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS (JUN 2013)
252.225-7012PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)
252.225-7013DUTY FREE ENTRY (MAY 2016)
252.225-7015RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005)
252.225-7016RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)
252.225-7021TRADE AGREEMENTS (OCT 2013)
252.225-7033WAIVER OF UNITED KINGDOM LEVIES (APR 2003)
252.225-7036BUY AMERICAN -FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM (DEC 2012)
252.225-7048EXPORT-CONTROLLED ITEMS (JUN 2013)
252.227-7013RIGHTS IN TECHNICAL DATA – NONCOMMERCIAL ITEMS (JUN 2013)
252.227-7014RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (MAY 2013)
252.227-7015TECHNICAL DATA – COMMERCIAL ITEMS (JUN 2013)
252.227-7016RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
252.227-7017IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS (JAN 2011)
252.227-7019VALIDATION OF ASSERTED RESTRICTIONS – COMPUTER SOFTWARE (SEP 2011) gg) 252.227-7025 – LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENTFURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)
252.227-7020RIGHTS IN SPECIAL WORKS (JUN 1995)
252.227-7021RIGHTS IN DATA-EXISTING WORKS (MAR 1979)
252.227-7022GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)
252.227-7023DRAWINGS AND OTHER DATA BECOME PROPERTY OF GOVERNMENT (MAR 1979)
252.227-7026DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)
252.227-7027DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)
252.227-7030TECHNICAL DATA – WITHHOLDING OF PAYMENT (MAR 2000)
252.227-7037VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JUN 2013)
252.227-7038 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN 2012)
252.231-7000SUPPLEMENTAL COST PRINCIPLES (DEC 1991) As applicable
252.235-7003FREQUENCY AUTHORIZATION (MAR 2014)
252.236-7000MODIFICATION PROPOSALS – PRICE BREAKDOWN (DEC 1991)
252.239-7016 TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES, AND SERVICES (DEC 1991) Paragraph e
252.246-7001WARRANTY OF DATA (DEC 1991) ALTERNATE I (DEC 1991) Government and Contracting Officer shall mean Buyer
252.246-7001WARRANTY OF DATA (DEC 1991) – ALTERNATE II (DEC 1991) Government and Contracting Officer shall mean Buyer
252.246-7003NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013) Applies in accordance with paragraph (f) of the clause
252.246-7007CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (MAY 2014). Only paragraphs (a) through (e) apply.
252.246-7008SOURCES OF ELECTRONIC PARTS (OCT 2016) paragraph e
252.247-7023TRANSPORTATION OF SUPPLIES BY SEA (JUN 2013) Applies in accordance with paragraph (h) (change “[P]rime contractor” in paragraph (a)(5) to “Seller” and “the prime contract” to “this order”; modify paragraph (c) to read “[T]he Seller and its subcontractors may request that the Buyer obtain Government authorization for shipment . . .”; change in paragraph (d) “Contracting Officer” to “Buyer” in the second sentence; change “45” to “60” days in paragraph (d); change “30” to “25” in paragraph (e); delete in paragraph (e) “and the Maritime Administration Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street, N.W., Washington, DC 20590”; delete in paragraph (g) “for the purposes of the Prompt Payment clause of this contract.”)
 
 
APPLICABLE TO PURCHASE ORDERS W/OUT REGARD TO $ VALUE – COMMERCIAL ITEMS

For items qualifying as “Commercial Item” under FAR 2.101.

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS— COMMERCIAL ITEMS (NOV 2016)
52.244-6SUBCONTRACTING FOR COMMERCIAL ITEMS (JUL 2013)
252.212-7001CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2012)
252.244-7000SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2003)
 
APPLICABLE TO PURCHASE ORDERS >$500
252.229-7011REPORTING OF FOREIGN TAXES-U.S. ASSISTANCE PROGRAMS (SEP 2005) Commodity items
 
APPLICABLE TO PURCHASE ORDERS >$3500
52.222-3CONVICT LABOR (JUN 2003)
 
APPLICABLE TO PURCHASE ORDERS >$15,000
52.222-20WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2010)